Professional Liability - NEW Hands-on Litigation Skills Workshop to defend - DRI
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Professional
Liability
NEW your clients in 30(B)(6) depositions
Hands-on Litigation Skills Workshop to defend
See page 2 for details
Conquer the trials,
traps, and tribulations
of advising the modern
professional
Innovative
presentations on
defending rare legal
malpractice claims
and unique law
practice insurance
coverage issues
Cutting-edge
information on the
evolving ethical
dilemmas facing
professionals who
provide advice to the
marijuana industry
Emerging trends
and issues in claims
against real estate,
accounting, and
design professionals
November 29–30, 2018
Sheraton New York Times Square Hotel
New York, NY
T he 2018 DRI Professional Liability Seminar will provide you with the tools to defend any professional
successfully in our current legal climate. With presentations by the most prominent and experienced
professional liability lawyers, experts, and insurance professionals in the country, this year’s seminar will again
provide attendees with the most up-to-date information regarding new issues, defenses, and strategies.
Through the insight, tools, and skills that you will gain at this seminar, we hope to build on DRI’s renowned
foundation of success by putting you at the forefront of establishing efficient and creative ways to defend the
modern professional.
Zandra E. Foley Seth L. Laver
Program Chair Committee Chair
R. Bruce Wallace Melody J. Jolly
Program Vice Chair Committee Vice Chair
Mark A. Fahleson
Law Institute
PRESENTED BY D
RI’s Professional Liability Committee
THIS SEMINAR BROCHURE IS SPONSORED BY
Register online now at dri.org or complete the form in the back.Professional Liability Seminar | November 29–30, 2018
What You Will Learn
How to avoid ethical violations when advising the
marijuana industry
How to defend the not-so-typical malpractice cases
How to defend the professional at trial
How to avoid frequent ethics traps for lawyers
New issues and trends in errors and omissions
insurance coverage
Members Get More
Access to at dri.org: Committee newsletters, seminar course materials,
and other publications.
Access to the DRI Professional Liability Committee Community: Share articles, post blogs,
and connect with others on the latest trends in your area of practice.
Access to dri circles, where lawyer-to-lawyer connections happen. Search dri circles in your
app store:
Device Charging Station SPONSORED BY Lipson Neilson Cole Seltzer & Garin PC
Use dri Dividends
™
Points to reduce your
registration fee:
Recruit a member
Attend a seminar
Participate on a committee
…and more!
Visit dri.org, go to My DRI and click on
DRI Dividends to see your balance.
Get engaged, get recognized, and get rewarded.
1PROGRAM SCHEDULE Professional Liability Seminar | November 29–30, 2018
L ITI G ATI O N S K I L L S WO R K S H O P 1:00 p.m.–5:00 p.m.
Strategies for a Winning 30(B)(6) Deposition
Successful trial attorneys know that a properly deposition topics and to prepare and defend the
prepared and defended 30(b)(6) deposition can stop witness at deposition.
plaintiffs’ counsel in their tracks. This workshop will Take advantage of this valuable opportunity to
teach the techniques necessary to master this crucial practice techniques with highly skilled trial attorneys.
aspect of litigation. The DRI Litigation Skills Committee One-on-one and small group exercises will assure that
(formerly “Trial Tactics”) is excited to present DRI’s you are prepared to defend your client in the earliest
first Litigation Skills Workshop in conjunction with stages of litigation. Act now to make a significant
this seminar, providing attendees of this interactive investment in your career. Space is limited and spots
program with the tools necessary to shape the will go fast! See registration form for pricing.
PROGRAM SCHEDULE Click on any speaker name to view bio.
W E D N E S DAY, N OV E M B E R 2 8 Marissa Olsen, Sompo International
Insurance, Florham Park, NJ
6:00 p.m. Registration
Karen Painter Randall, Connell Foley,
6:00 p.m. Networking Reception Roseland, NJ
SPONSORED BY Cobb Martinez Woodward PLLC
9:05 a.m. Hot-Shot Lawyers: Overpromising
Cranfill Sumner & Hartzog LLP
and Under-Delivering
T H U R S DAY, N OV E M B E R 2 9 We’ve all heard of the “hot-shot lawyer” who
overstates experience and overpromises
7:00 a.m. Registration results. This session will discuss liability aris-
7:00 a.m. Continental Breakfast ing from lawyer advertising, competency, and
SPONSORED BY Marshall Dennehey Warner terminating the representation, and how to
Coleman & Goggin PC defend these claims.
Joseph P. Garin, Lipson Neilson PC,
8:00 a.m. Welcome and Introduction
Las Vegas, NV
Mark A. Fahleson, Rembolt Ludtke LLP,
Lincoln, NE Kimberly K. Noble, Argo Pro, Chicago, IL
Zandra E. Foley, Thompson Coe, Houston, TX David L. Wikstrom, Javerbaum Wurgaft Hicks
Kahn Wikstrom & Sinins PC, Springfield, NJ
8:15 a.m. Here Today, Gone Tomorrow: Wire
Transfer Fraud and Professionals 10:00 a.m. Refreshment Break
SPONSORED BY Black Marjieh & Sanford LLP
Wire fraud increasingly affects attorneys and
other professionals. This session will explore 10:15 a.m. Forgot Something? Accidental Waivers
the most common examples of wire fraud and of Privilege or Confidentiality
steps that professionals can take to better pro- From “shoulder surfing” and eavesdrop-
tect themselves. ping to misdirected email and snail mail, law-
Aisling Jumper, YorkPro Inc., New York, NY yers constantly face disclosure hazards. Learn
Keith L. Novak, Kroll Associates, New York, NY how lawyers inadvertently waive confidenti-
2Professional Liability Seminar | November 29–30, 2018
3:15 p.m. Refreshment Break
PROGRAM SCHEDULE
ality and privilege and the avenues to correct
such waivers.
3:35 p.m. Who Is My Neighbor? Litigation Involving
Bolanle Akinrimisi, Allied World Planned Unit Developments
Insurance, Atlanta, GA Shareholder derivative actions against directors
Amber E. Storr, Hurwitz & Fine PC, Buffalo, NY and officers of community associations are on
11:15 a.m. When Iron Rod Found Conflicts with Iron the rise. Examine the insurance coverage avail-
Rod Set: Liability of Land Surveyors able to mitigate risk for associations and ways
to avoid claims through appropriate profes-
Claims against land surveyors are on the rise,
sional planning and training.
which means increased liability for the real
estate professionals, including lawyers, who John M. Sier, Kitch Drutchas Wagner Valitutti
rely on them. This session addresses the recent Sherbrook LLC, Detroit, MI
increase in land surveyor lawsuits, as well as Holly M. Spurlock, CNA Insurance
common claims and defenses. Company, Chicago, IL
Nicholle R. Harrison, Allied World 4:30 p.m. HAL Strikes Back: Duties of Lawyers
Assurance Co, Farmington, CT Related to Technology
Melody J. Jolly, Cranfill Sumner & Hartzog LLP, With the proliferation of technology, the prac-
Wilmington, NC tice of law is changing. Discover the technolog-
12:05 p.m. Lunch (on your own) ical advances that are improving the profession
and demanding attorneys to pay attention
1:30 p.m. Professionals Can Get Smoked (ethically).
Advising the Marijuana Industry Francesca Giannoni-Crystal, Crystal &
With the changing landscape of marijuana use Giannoni-Crystal LLC, Washington, DC
and regulation, professionals are in a world of
Courtney C. Kasper, QBE North America,
conflicting laws. This panel will identify the ethi-
Plano, TX
cal dilemmas faced by professionals in this unique
and growing industry and how to avoid them. 5:30 p.m. Adjourn
Kiera O’Connell Goral, QBE North 5:35 p.m. Professional Liability Committee Meeting
America, Plano, TX (open to all)
Peter R. Jarvis, Holland & Knight, Portland, OR
6:00 p.m. Networking Reception
Eric L. Levine, Validus Underwriters Inc., SPONSORED BY Thompson Coe
New York, NY Traub Lieberman Straus &
2:25 p.m. When Adding the Numbers May Equal Shrewsberry LLP
Liability: Accountant Liability Issues 7:30 p.m. Dine-Arounds | Join colleagues and friends
Clients engage accountants for many functions, at selected restaurants for dinner (on your
all with distinct duties, obligations, and expo- own). More details on-site.
sure. This presentation will take a fresh look
at how accountants in various capacities could F R I DAY, N OV E M B E R 3 0
be liable for malpractice arising from fiduciary,
expert, intermediary, and other engagements. 7:00 a.m. Registration
Lisa Fontana Brennan, Markel, Chicago, IL 7:00 a.m. Continental Breakfast
SPONSORED BY Gaglione Dolan & Kaplan
Wilhelm Dingler, Bullivant Houser Bailey,
Seattle, WA
W. Wesley Marston, CPA Mutual,
Gainesville, FL
Elizabeth P. Mulligan, Protect Denotes the DRI CLIENT CONNECTION: In-house and
Professional Claims, Tampa, FL claims professional speakers
3Professional Liability Seminar | November 29–30, 2018
8:00 a.m. Announcements 11:05 a.m. Insurance Agent and Broker Liability
PROGRAM SCHEDULE
Seth L. Laver, Goldberg Segalla LLP, What happens when the agent procuring insur-
Philadelphia, PA ance coverage gets sued? This presentation
R. Bruce Wallace, Nexsen Pruet, Charleston, SC will dissect defenses to these claims, includ-
ing whether failure to read the policy is a
8:05 a.m. Keeping Up with the Design valid defense.
Professionals: 2018 Case Law Update
Lisa Doherty, Business Risk Partners,
What in the creation is going on? This ses- Windsor, CT
sion will review developing theories of design
professional liability and provide an update Jonathan R. Harwood, Traub Lieberman Straus
on the most important 2018 design profes- & Shrewsberry LLP, Hawthorne, NY
sional decisions. LaToyia Watkins Pierce, XL Catlin,
Gawain Charlton-Perrin, The Hanover Dallas, TX
Insurance Group, Itasca, IL 11:55 a.m. Defending the Not-So-Typical
Eric S. Cohen, Goldberg Segalla LLP, Legal Malpractice Claim
New York, NY This session will explore the defense of legal
malpractice claims against specialized attor-
9:00 a.m. Watch Your Step! Ethical Pitfalls for Lawyers
neys and how the causation and damage
These folks have seen it all! Understand how to standards can differ from a typical legal mal-
avoid the common ethics traps for attorneys, practice claim.
including plagiarism and confidentiality, nego-
tiating ethically, investigating and terminating Patrick S. (Sean) Ginty, CNA Insurance
clients, attorneys as witnesses, and other fasci- Company, Chicago, IL
nating conundrums. George M. Vinci, Jr., Spector Gadon & Rosen PC,
Jessica Anderson, RSUI Group Inc., Philadelphia, PA
Atlanta, GA 12:45 p.m. Defending the Professional at Trial
David L. Brandon, Clark Hill PLC, Los Angeles, CA Defending professionals at trial can be particu-
Jonathan P. Zayle, Athens Program larly challenging. Learn creative tips to maneu-
Service Inc., Concord, CA ver through all aspects of trial successfully,
from voir dire, opening statements, and pre-
10:00 a.m. Refreshment Break sentation of your client, to closing arguments.
10:15 a.m. You Got Issues: Lawyers E&O China Ladner, Nationwide E&S/Specialty,
Insurance Coverage Scottsdale, AZ
Lawyers as insureds often face challenges in ob- Newton C. Marshall, Karbal Cohen Economou
taining defense and indemnification under their Silk & Dunne LLC, Chicago, IL
professional liability coverage. Learn how today’s
Dennis J. Quinn, Carr Maloney PC,
carriers are managing and winning legal mal-
Washington, DC
practice claims handling unique coverage issues.
R. Damian Brew, Marsh USA Inc., 1:35 p.m. Adjourn
New York, NY
Dennis L. Galvin, Argo Pro, Boston, MA Denotes the DRI CLIENT CONNECTION: In-house and
claims professional speakers
Frances M. O’Meara, Thompson Coe,
Los Angeles, CA
“Itprofessional
was an excellent place to learn new topics in
liability matters and to meet my
nationwide defense panel.
4
”Professional Liability Seminar | November 29–30, 2018
G E N E R A L I N F O R M AT I O N
In-House Counsel or before November 5, 2018. Cancellations received after Novem-
In-house counsel are eligible for free registration to ber 5 and on or before November 12, 2018, will receive a refund, less
DRI seminars. In-house counsel are defined as licensed a $100 processing fee. Cancellations made after November 12 will
not receive a refund, but a $100 certificate good for any DRI semi-
attorneys who are employed exclusively by a corpo- nar within the next 12 months will be issued. All cancellations and
ration or other private sector organization for the pur- requests for refunds must be made in writing. Fax (312.795.0747)
pose of providing legal representation and counsel only or email (seminars@dri.org) to DRI’s Accounting Department. Pro-
to that corporation, its affiliates, or its subsidiaries. To cessing of refunds will occur within four weeks after the date of the
qualify for free registration, in-house counsel must be a seminar. All refunds will be processed in the same method that the
DRI member and a member of the DRI Corporate Coun- payment was received. Substitutions may be made at any time with-
sel Committee or be sponsored by a DRI member who is out charge and must be submitted in writing.
both registered and has paid for the seminar. Nonmem- Discounts
ber in-house counsel may utilize this offer only once. Group Discount The first and second registrations from the same
This offer excludes the DRI Annual Meeting and the DRI firm or company are subject to the fees outlined previously. The regis-
Business Management Principles for Lawyers Seminar. tration fee for additional registrants from the same firm or company is
$775, regardless of membership status if received on or before Octo-
ber 29, 2018. After October 29, the group rate is $875. All registrations
Claims Executives must be received at the same time to receive the discount.
Claims professionals are eligible for free registration to Travel Discounts DRI offers discounted meeting fares on various
DRI seminars. Claims professionals are defined as any major air carriers for DRI Professional Liability Seminar attendees.
individuals employed by a corporation or insurance To receive these discounts, please contact Direct Travel, DRI’s official
company, who spend a substantial portion of their pro- travel provider, at 800.840.0908. As always, to obtain the lowest avail-
fessional time hiring or supervising outside counsel in able fares, early booking is recommended.
the representation of businesses, insurance compa-
nies or their insureds, associations, or governmental DRI Financial Aid Policy
Individuals who demonstrate need may receive limited financial aid to
entities in civil litigation. To qualify for free registration, attend DRI CLE programs under the following terms and conditions:
the claims professional must be a DRI member under a Applicants must execute and deliver the approved DRI
corporate membership or be sponsored by a DRI mem- application for financial aid to the DRI Education Department, 55
ber who is both registered and has paid for the semi- W. Monroe, Suite 2000, Chicago, IL 60603 at least sixty (60) days
in advance of the first day of the seminar.
nar. Nonmember claims professionals may utilize this Applicants must be licensed to practice law in the United States,
offer once per calendar year. This offer excludes the Canada or other foreign jurisdiction. Proof of admission to the
DRI Annual Meeting. bar, including applicant’s bar or Supreme Court number, must
accompany the request.
Applicants must show proof of identity and citizenship.
CLE/Claims Adjusters Accreditation
This seminar has been approved for MCLE credit by the State Bar The taping or recording of DRI seminars is prohibited without the
G E N E R A L I N F O R M AT I O N
of California for up to 12.5 hours, including 1 hour of ethics credit. written permission of DRI.
Accreditation has been requested from every state with mandatory Speakers and times may be subject to last-minute changes.
continuing legal education (CLE) requirements. Certificates of atten- A small portion of your room rate offsets the costs of the seminar.
DRI policy provides there will be no group functions sponsored by
dance will be provided to each attendee. Attendees are responsi- others in connection with its seminars.
ble for obtaining CLE credits from their respective states. Application
has been made for continuing education for claims adjusters. Credit Hotel Accommodations
availability and requirements vary from state to state; please check A limited number of discounted hotel rooms have been made avail-
the DRI website at dri.org for the latest information for your state. able at Sheraton New York Times Square, 811 7th Avenue, 53rd
Street, New York, NY 10019 (click here to view hotel photos).
Registration Policy
Save $100 when you register by October 29, 2018. (See the regis- Take advantage of the group rate of $399 Single/Double in one of
tration form for pricing.) The registration fee includes course materi- two ways:
als, continental breakfasts, refreshment breaks, networking receptions, 1) Reserve online: Click here or visit dri.org and go to the DRI
and access to the DRI App. If you wish to have your name appear on Professional Liability Seminar page and click on the “Book
the registration list distributed at the conference and receive the course hotel” button.
materials in advance, DRI must receive your registration by November 2) Or contact the hotel directly at 212.581.1000 and mention the
5, 2018 (please allow 10 days for processing). Registrations received af- DRI Professional Liability Seminar.
ter November 5, 2018 will be processed on-site. The hotel block is limited and rooms and rates are available on a first-
come, first-served basis. You must make reservations by October 29,
Refund Policy 2018, to be eligible for the group rate. Requests for reservations made
The registration fee is fully refundable for cancellations received on after October 29 are subject to room and rate availability.
5Professional Liability Seminar | November 29–30, 2018
FA C U LT Y Click on any name to view bio.
Bolanle Akinrimisi, Allied World Insurance, Atlanta, GA China Ladner, Nationwide E&S/Specialty, Scottsdale, AZ
Jessica Anderson, RSUI Group Inc., Atlanta, GA Seth L. Laver, Goldberg Segalla LLP, Philadelphia, PA
David L. Brandon, Clark Hill PLC, Los Angeles, CA Eric L. Levine, Validus Underwriters Inc., New York, NY
Lisa Fontana Brennan, Markel, Chicago, IL Newton C. Marshall, Karbal Cohen Economou Silk &
Dunne LLC, Chicago, IL
R. Damian Brew, Marsh USA Inc., New York, NY
W. Wesley Marston, CPA Mutual, Gainesville, FL
Gawain Charlton-Perrin, The Hanover Insurance Group,
Elizabeth P. Mulligan, Protect Professional Claims,
Itasca, IL
Tampa, FL
Eric S. Cohen, Goldberg Segalla LLP, New York, NY
Kimberly K. Noble, Argo Pro, Chicago, IL
Wilhelm Dingler, Bullivant Houser Bailey, Seattle, WA
Keith L. Novak, Kroll Associates, New York, NY
Lisa Doherty, Business Risk Partners, Windsor, CT
Marissa Olsen, Sompo International Insurance,
Mark A. Fahleson, Rembolt Ludtke LLP, Lincoln, NE Florham Park, NJ
Zandra E. Foley, Thompson Coe, Houston, TX
Frances M. O’Meara, Thompson Coe, Los Angeles, CA
Dennis L. Galvin, Argo Pro, Boston, MA
LaToyia Watkins Pierce, XL Catlin, Dallas, TX
Joseph P. Garin, Lipson Neilson PC, Las Vegas, NV
Dennis J. Quinn, Carr Maloney PC, Washington, DC
F A C U LT Y
Francesca Giannoni-Crystal, Crystal & Giannoni-Crystal LLC,
Washington, DC Karen Painter Randall, Connell Foley, Roseland, NJ
John M. Sier, Kitch Drutchas Wagner Valitutti Sherbrook LLC,
Patrick S. (Sean) Ginty, CNA Insurance Company,
Detroit, MI
Chicago, IL
Holly M. Spurlock, CNA Insurance Company, Chicago, IL
Kiera O’Connell Goral, QBE North America, Plano, TX
Amber E. Storr, Hurwitz & Fine PC, Buffalo, NY
Nicholle R. Harrison, Allied World Assurance Co, George M. Vinci, Jr., Spector Gadon & Rosen PC,
Farmington, CT Philadelphia, PA
Jonathan R. Harwood, Traub Lieberman Straus R. Bruce Wallace, Nexsen Pruet, Charleston, SC
& Shrewsberry LLP, Hawthorne, NY David L. Wikstrom, Javerbaum Wurgaft Hicks Kahn
Peter R. Jarvis, Holland & Knight, Portland, OR Wikstrom & Sinins PC, Springfield, NJ
Melody J. Jolly, Cranfill Sumner & Hartzog LLP, Jonathan P. Zayle, Athens Program Service Inc.,
Wilmington, NC Concord, CA
Aisling Jumper, YorkPro Inc., New York, NY
View faculty bios on the Professional Liability Seminar
Courtney C. Kasper, QBE North America, Plano, TX webpage; click on “View speakers” button.
Denotes the DRI CLIENT CONNECTION: In-house and
claims professional speakers
“This seminar is practice specific and very
relevant to me and my job function.
”
6Professional Liability Seminar | November 29–30, 2018
CLE for Your Practice
September 5–7 November 8–9
Cybersecurity and Data Privacy Asbestos Medicine
Loews Chicago, Chicago IL Hilton Austin, Austin, TX
September 13–14 November 29–30
View all
Continuing Fire Science Litigation Insurance Coverage and
Legal Grand Hyatt Washington, Practice Symposium
Education Washington, DC Sheraton New York, New York, NY
offerings
September 13–14 November 29–30
Nursing Home/ALF Litigation Professional Liability
Sheraton New Orleans, Sheraton New York, New York, NY
New Orleans, LA
Diversity and Inclusion in DRI: A Statement of Principle
DRI is the largest international membership organization of attorneys defending the interests of business and
individuals in civil litigation.
Diversity is a core value at DRI. Indeed, diversity, which includes sexual orientation, is f undamental to the
success of the organization, and we seek out and embrace the innumerable benefits and contributions that the
perspectives, backgrounds, cultures, and life experiences a diverse membership provides.
Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential
leaders are often also members and leaders of other defense organizations. Accordingly, DRI encourages all national, state, and local
defense organizations to promote diversity and inclusion in their membership and leadership.
Harassment and Discrimination
DRI is committed to the policy of equal opportunity regardless of race, color, religion, sex, sexual orientation, gender, national origin and
disability in all of its programs and activities, as well as maintaining an environment in our programs and activities which is free from all
forms of harassment or discrimination of any kind. Pursuant to this policy, if any person who attends our programs or activities experiences
unlawful discrimination or harassment, this should be reported to the Executive Director so that appropriate action may be taken.
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7Professional Liability Seminar | November 29–30, 2018
SEMINAR SPONSORS
DRI wishes to thank our sponsors for their support at this year’s seminar!
GOLD SPONSORS
SEMINAR SPONSORS
S I LV E R S P O N S O R S
BRONZE SPONSORS
8Professional Liability Seminar Register online
November 29–30, 2018 Download form
Sheraton New York Times Square Hotel | New York, NY to fax or mail
FORMAL NAME TITLE
NAME (as you would like it to appear on badge)
COMPANY/FIRM/LAW SCHOOL
ADDRESS
CITY STATE/PROVINCE ZIP/POST CODE
TELEPHONE FAX EMAIL
Please list any special needs
Are you a first-time attendee at this DRI seminar? Yes No
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are in your firm? area of practice?
R E G I S T R AT I O N F E E
Registration fee includes seminar attendance, networking receptions, course materials, and access to the DRI App. DRI will
email a link to download the course materials to all registrants two weeks in advance of the seminar. Only members of
DRI will have access to the PowerPoint presentations after the seminar.
On or before After For inclusion on the preregistration
Oct. 29, 2018 Oct. 29, 2018
list and to receive course materials in
Member $875 $975
advance, register by November 5, 2018.
Nonmember $1,195 $1,295
Government Member $575
Law Student Member FREE Litigation Skills Workshop
In-House Counsel Member* FREE Workshop Discounted Fee** $225
Claims Executive Member* FREE Workshop ONLY $425
Group Discount* $775 $875 ** Must be registered for the Professional
* As defined on page 5 Liability Seminar
PAY M E N T M E T H O D 3400-0255-21
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72225 Eagle Way, Chicago, IL 60678-7252 131 S. Dearborn, 6th Floor, Chicago, IL 60603
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Suite 2000 U.S. POSTAGE
Chicago, IL 60603 USA PAID
DRI
Professional
Liability Seminar
November 29–30, 2018
Sheraton New York
Times Square Hotel
New York, NY
NEW Hands-on Litigation
Skills Workshop to defend
your clients in 30(B)(6)
Depositions
See page 2 for details.You can also read
